Gym Membership Contracts: Read The Fine Print

Consumers should know what they're signing before becoming members of a gym

January is
generally a busy month for health clubs since “lose
weight” or “get in shape” tops many
people’s lists of new resolutions.

While belonging to a gym can be convenient and fun, consumers
should be aware of each individual facility’s rules and
regulations before signing any paperwork.

Ohio Attorney General Richard Cordray has issued a reminder to his
state’s residents that could be helpful to any consumer
considering a gym membership: read the fine print.

The right to quit

What’s the most important information to have before
signing up? The club’s cancellation policy.

"The new year provides a popular opportunity to buy a gym
membership, but it's also a busy time when consumers may be
distracted and fail to read contracts carefully," said Cordray.
"Months after signing a membership agreement, consumers sometimes
discover extra fees, unauthorized charges or a strict cancellation
policy."

People who have been through the registration process at a gym --
big or small -- can probably attest to the high stress situation
that occurs when it comes time to sign the contract.

Whether they mean to or not, employees can talk fast, explain
membership terms in a vague way, then discourage potential new
members from really reading what they’re about the
sign.

Before signing any gym contract, Cordray urges consumers to pay
close attention to the following:

Whether verbal agreements are included in the written
contract

Total costs, including sales tax or other fees

Cancellation policies

Length of the contract

The length of the contract is especially important to find out.
Deeply discounted monthly rates advertised in commercials tend to
be reserved only for members who sign multi-year or even
“lifetime” contracts.

And sometimes, those contracts are difficult or impossible to get
out of, even if the member fulfills the one-or-more year mandatory
time or moves far from any of the club‘s facilities.

Gym problems

Kristi Currier of Lubbock, TX, told ConsumerAffairs.com despite
moving over 30 miles from the nearest location and canceling her
membership, Bally Total Fitness is still trying to get past dues
from her.

“I sent a cancellation, in writing, when I moved because
there are no Bally Total Fitness centers in Lubbock, Texas. Now a
debt collection agency is contacting me to pay
$787.50.”

Another reason to read the fine print before signing is to make
sure your rights as a member will be kept intact on their
premises.

Matt Lang of Los Angeles, CA, found out the details of his contact
the hard way when he slipped and fell on a wet floor at a 24 Hour
Fitness location, breaking his wrist and separating his
shoulder.

He told ConsumerAffairs.com the club, “claims that in my
contract, I waived liability in my membership contract for use of
their facilities.”

“They also point out that the caution sign absolves them from
liability. I would agree if the floor was wet because they had just
mopped it, but the floors are wet 24/7. They have to be wet because
the way they designed the place, it's impossible not to walk
through water to get to your locker,” said Lang.

Consumer action

So what can consumers do to arm themselves with the information
they need before signing on the dotted line?

The best thing to do first is ask around. Family, friends,
coworkers -- just about everyone has had an experience with a gym
at some point in their lives. Asking what they liked and
didn’t like can help you make the best choice.

You may be able to find out the club’s cancellation policy on
their website, although some digging is sometimes required to find
it.

Some chains, like Bally’s, don’t lay out their
cancellation policy on their main website, but rather urge members
to call an 800 number as they claim the policies differ among
locations. (That's another thing to keep in mind: one policy does
not always fit all.)

Don’t be afraid to take your time during the sign up process.
If you feel rushed or disrespected because you ask questions, want
the rules explained again, or want to read the fine print on the
contract before signing it, you can always take your business
elsewhere.

Find out your rights. Ohio's Prepaid Entertainment Contracts Act
gives consumers three business days to cancel contracts for dance
studio lessons, dating services, martial arts training and health
spa services -- including gym memberships. See if your state
has similar consumer protections.

Cover your bases. Even if the club says it only requires
cancellation in writing, call their 800 number to cancel over the
phone as well. Make sure you get the name of the representative
you’re talking to.

Find out the exact cancellation date from a club representative and
don’t forget it. Many clubs have new members pay “first
and last month’s” dues, so it could take several weeks
for the membership to be completely cancelled.

Then, keep an eye on your bank account in case the cancellation
“didn’t take” and you get charged again. Fighting
a current charge instead of a series of back-charges is an easier
battle to win.

ConsumerAffairs' CEO, Zac Carman is a voice of the consumer for the consumer. Prior to ConsumerAffairs, Zac worked in private equity firm where he invested in senior care, health care, franchising and other consumer-focused businesses. Zac studied both engineering and sculpture at Dartmouth College.
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